The Biden administration’s Department of Homeland Security (DHS) announced this week that it would mount new efforts to bring an end to the “Remain in Mexico” immigration policy adopted during the Trump administration. The announcement follows a federal court ruling that DHS must adhere to the policy.
DHS issued a press release revealing its intention to terminate the Migrant Protection Protocols (MPP) “in the coming weeks.”
Joe Biden attempted earlier this year to terminate the use of MPP. The policy requires illegal aliens crossing the southern border who claim asylum in the U.S. to wait in Mexico while awaiting a hearing on their claim in federal court.
In August, a federal district court in Texas ruled against the Biden administration, holding that the president violated the federal Administrative Procedure Act when he stopped MPP use. The Supreme Court then refused to hear a further appeal by the White House.
The DHS statement said that a new attempt to terminate MPP will not take effect until “the current injunction is lifted by court order.” The agency said that as long as the injunction is in place, it will work to “re-start” MPP “in good faith.”
The announced intention to terminate MPP again follows reports that U.S. Border Patrol agents have been overwhelmed by efforts to process approximately 30,000 illegal border crossers near Del Rio, Texas, over two weeks. DHS Secretary Alejandro Mayorkas said that about 12,000 of the Del Rio migrants had been released into the interior of the U.S., as 5,000 are awaiting further processing.
Since July, U.S. Border Patrol agents have reported migrant encounters at the southern border in excess of 208,000 per month.
Many advocates for illegal immigration protections have angrily protested President Biden’s failure to terminate MPP despite the court order in place. They typically overlook the fact that the court’s ruling was based on the Biden administration’s failure to follow straightforward procedural rules for making administrative policy changes in the rush to make a splash upon taking office.